DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000. - 12591.]
Division 7 enacted by Stats. 1990, Ch. 79.
§§ 7000–12591 · 627 sections
PART 1. GENERAL PROVISIONS §§ 7000–7666 · 41 sections
CHAPTER 1. Passage of Decedent’s Property §§ 7000–7001 · 2 sections
- § 7000 Subject to Section 7001, title to a decedent’s property passes on the decedent’s death to the person to whom it is devised in the decedent’s last will or, in…
- § 7001 The decedent’s property is subject to administration under this code, except as otherwise provided by law, and is subject to the rights of beneficiaries,…
CHAPTER 2. Jurisdiction and Courts §§ 7050–7072 · 7 sections
ARTICLE 1. Jurisdiction and Venue §§ 7050–7052 · 3 sections
- § 7050 The superior court has jurisdiction of proceedings under this code concerning the administration of the decedent’s estate.
- § 7051 If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent’s estate is the…
- § 7052 If the decedent was not domiciled in this state at the time of death, the proper county for proceedings under this code concerning the administration of the…
ARTICLE 2. Disqualification of Judge § 7060 · 1 section
- § 7060 (a) In addition to any other ground provided by law for disqualification of a judge, a judge is disqualified from acting in proceedings under this code…
ARTICLE 3. Transfer of Proceedings §§ 7070–7072 · 3 sections
- § 7070 The court or judge shall order a proceeding under this code concerning the administration of the decedent’s estate transferred to another county if there is no…
- § 7071 Transfer of a proceeding under this article shall be to another county in which property of the decedent is located or, if there is no other county in which…
- § 7072 Upon petition of the personal representative or other interested person before entry of the order for final distribution of the estate, a proceeding…
CHAPTER 3. Rules of Procedure §§ 7220–7280 · 7 sections
ARTICLE 2. New Trials § 7220 · 1 section
- § 7220 In proceedings under this code concerning the administration of the decedent’s estate, a motion for a new trial may be made only in the following cases: (a)…
ARTICLE 3.5. Judgments and Orders § 7250 · 1 section
- § 7250 (a) When a judgment or order made pursuant to the provisions of this code concerning the administration of the decedent’s estate becomes final, it releases the…
ARTICLE 4. Orders and Transactions Affecting Property §§ 7260–7263 · 4 sections
- § 7260 As used in this article, “transaction” means a transaction affecting title to property in the estate, including, but not limited to, the following: (a) In the…
- § 7261 If a transaction affecting real property in the estate is executed by the personal representative in accordance with the terms of a court order, the instrument…
- § 7262 A transaction executed by the personal representative in accordance with an order authorizing or directing the transaction has the same effect as if the…
- § 7263 If an order is made setting apart a probate homestead, confirming a sale or making a distribution of real property, or determining any other matter affecting…
ARTICLE 5. United States as Interested Person § 7280 · 1 section
- § 7280 Where compensation, pension, insurance, or other allowance is made or awarded by a department or bureau of the United States government to a decedent’s estate,…
CHAPTER 4. Public Administrators §§ 7600–7666 · 25 sections
ARTICLE 1. Taking Temporary Possession or Control of Property §§ 7600–7605 · 8 sections
- § 7600 If a public officer or employee knows of property of a decedent that is subject to loss, injury, waste, or misappropriation and that ought to be in the…
- § 7600.5 If a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility…
- § 7600.6 A funeral director in control of the decedent’s remains pursuant to subdivision (c) of Section 7100 of the Health and Safety Code shall notify the public…
- § 7601 (a) If no personal representative has been appointed, the public administrator of a county shall take prompt possession or control of property of a decedent in…
- § 7602 (a) A public administrator who is authorized to take possession or control of property of a decedent under this article shall make a prompt search for other…
- § 7603 (a) A public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written certification…
- § 7604 If the public administrator takes possession or control of property of a decedent under this article, but another person is subsequently appointed personal…
- § 7605 On or before January 1, 2010, the public administrator shall comply with the continuing education requirements that are established by the California State…
ARTICLE 2. Appointment as Personal Representative §§ 7620–7624 · 5 sections
- § 7620 The public administrator of the county in which the estate of a decedent may be administered shall promptly: (a) Petition for appointment as personal…
- § 7621 (a) Except as otherwise provided in this section, appointment of the public administrator as personal representative shall be made, and letters issued, in the…
- § 7622 Except as otherwise provided in this chapter: (a) The public administrator shall administer the estate in the same manner as a personal representative…
- § 7623 (a) As used in this section, “additional compensation” means the difference between the reasonable compensation of the public administrator in administering…
- § 7624 (a) If after final distribution of an estate any money remains in the possession of the public administrator that should be paid over to the county treasurer…
ARTICLE 3. Deposit of Money of Estate §§ 7640–7644 · 5 sections
- § 7640 (a) The public administrator shall, upon receipt, deposit all money of the estate in an insured account in a financial institution or with the county treasurer…
- § 7641 Money deposited in a financial institution or with the county treasurer under this article may be withdrawn upon the order of the public administrator when…
- § 7642 (a) The public administrator shall credit each estate with the highest rate of interest or dividends that the estate would have received if the funds available…
- § 7643 (a) The county treasurer shall receive and safely keep all money deposited with the county treasurer under this chapter and pay the money out on the order of…
- § 7644 (a) If a deposit in a financial institution is made under this article, money remaining unclaimed at the expiration of five years after the date of the…
ARTICLE 4. Summary Disposition of Small Estates §§ 7660–7666 · 7 sections
- § 7660 (a) If a public administrator takes possession or control of an estate pursuant to this chapter, the public administrator may, acting as personal…
- § 7661 A public administrator acting under authority of this article may: (a) Withdraw money or take possession of any other property of the decedent that is in the…
- § 7662 The public administrator acting under authority of this article shall pay out the money of the estate in the order prescribed in Section 11420, for expenses of…
- § 7663 (a) After payment of debts pursuant to Section 7662, but in no case before four months after court authorization of the public administrator to act under this…
- § 7664 A person to whom property is distributed under this article is personally liable for the unsecured debts of the decedent. Such a debt may be enforced against…
- § 7665 (a) The public administrator shall file with the clerk a statement showing the property of the decedent that came into possession of the public administrator…
- § 7666 (a) Except as provided in Section 7623 and in subdivision (b), the compensation payable to the public administrator and the attorney, if any, for the public…
PART 2. OPENING ESTATE ADMINISTRATION §§ 8000–8577 · 100 sections
CHAPTER 1. Commencement of Proceedings §§ 8000–8007 · 8 sections
- § 8000 (a) At any time after a decedent’s death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the…
- § 8001 Unless good cause for delay is shown, if a person named in a will as executor fails to petition the court for administration of the estate within 30 days after…
- § 8002 (a) The petition shall contain all of the following information: (1) The date and place of the decedent’s death. (2) The street number, street, and city, or…
- § 8003 (a) The hearing on the petition shall be set for a day not less than 15 nor more than 30 days after the petition is filed. At the request of the petitioner…
- § 8004 (a) If appointment of the personal representative is contested, the grounds of opposition may include a challenge to the competency of the personal…
- § 8005 (a) At the hearing on the petition, the court may examine and compel any person to attend as a witness concerning any of the following matters: (1) The time,…
- § 8006 (a) If the court finds that the matters referred to in paragraph (1) of subdivision (b) of Section 8005 are established, the court shall make an order…
- § 8007 (a) Except as provided in subdivision (b), an order admitting a will to probate or appointing a personal representative, when it becomes final, is a conclusive…
CHAPTER 2. Notice of Hearing §§ 8100–8125 · 11 sections
ARTICLE 1. Contents § 8100 · 1 section
- § 8100 The notice of hearing of a petition for administration of a decedent’s estate, whether delivered under Article 2 (commencing with Section 8110) or published…
ARTICLE 2. Service of Notice of Hearing §§ 8110–8113 · 4 sections
- § 8110 At least 15 days before the hearing of a petition for administration of a decedent’s estate, the petitioner shall deliver notice of the hearing pursuant to…
- § 8111 If the decedent’s will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee…
- § 8112 A general personal representative shall give notice of administration of the estate of the decedent to creditors under Chapter 2 (commencing with Section…
- § 8113 If a citizen of a foreign country dies without leaving a will or leaves a will without naming an executor, or if it appears that property will pass to a…
ARTICLE 3. Publication §§ 8120–8125 · 6 sections
- § 8120 In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for administration of…
- § 8121 (a) The first publication date of the notice shall be at least 15 days before the hearing. Three publications in a newspaper published once a week or more…
- § 8122 The Legislature finds and declares that, to be most effective, notice of hearing should be published in compliance with Section 8121. However, the Legislature…
- § 8123 The caption of a notice under this article shall be in 8-point type or larger and the text shall be in 7-point type or larger.
- § 8124 A petition for administration of a decedent’s estate shall not be heard by the court unless an affidavit showing due publication of the notice of hearing has…
- § 8125 Notwithstanding Section 8100, after the notice of hearing is published and an affidavit filed, any subsequent publication of the notice ordered by the court…
CHAPTER 3. Probate of Will §§ 8200–8272 · 19 sections
ARTICLE 1. Production of Will §§ 8200–8203 · 4 sections
- § 8200 (a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the…
- § 8201 If, on petition to the superior court of the county in which the estate of the decedent is being or may be administered alleging that a person has possession…
- § 8202 If the will of a person who was domiciled in this state at the time of death is detained in a court of any other state or country and cannot be produced for…
- § 8203 If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testator’s estate, that court…
ARTICLE 2. Proof of Will §§ 8220–8226 · 7 sections
- § 8220 Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will…
- § 8221 If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to…
- § 8222 A holographic will may be proved in the same manner as other writings.
- § 8223 The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the…
- § 8224 The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of…
- § 8225 When the court admits a will to probate, that fact shall be recorded in the minutes by the clerk and the will shall be filed.
- § 8226 (a) If no person contests the validity of a will or petitions for revocation of probate of the will within the time provided in this chapter, admission of the…
ARTICLE 3. Contest of Will §§ 8250–8254 · 5 sections
- § 8250 (a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a summons shall be…
- § 8251 (a) The petitioner and any other interested person may jointly or separately answer the objection or demur to the objection within the time prescribed in the…
- § 8252 (a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of…
- § 8253 At the trial, each subscribing witness shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of…
- § 8254 The court may make appropriate orders, including orders sustaining or denying objections, and shall render judgment either admitting the will to probate or…
ARTICLE 4. Revocation of Probate §§ 8270–8272 · 3 sections
- § 8270 (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual…
- § 8271 (a) On the filing of the petition, a summons shall be directed to the personal representative and to the heirs and devisees of the decedent, so far as known to…
- § 8272 (a) If it appears on satisfactory proof that the will should be denied probate, the court shall revoke the probate of the will. (b) Revocation of probate of a…
CHAPTER 4. Appointment of Personal Representative §§ 8400–8577 · 62 sections
ARTICLE 1. General Provisions §§ 8400–8405 · 6 sections
- § 8400 (a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of…
- § 8401 (a) Notwithstanding Section 8400, a petitioner for appointment as personal representative may deliver property in the petitioner’s possession to a trust…
- § 8402 (a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances: (1)…
- § 8403 (a) Before letters are issued, the personal representative shall take and subscribe an oath to perform, according to law, the duties of the office. The oath…
- § 8404 (a) Before letters are issued, the personal representative (other than a trust company or a public administrator) shall file an acknowledgment of receipt of a…
- § 8405 Letters shall be signed by the clerk under the seal of the court and shall include: (a) The county from which the letters are issued. (b) The name of the…
ARTICLE 2. Executors §§ 8420–8425 · 6 sections
- § 8420 The person named as executor in the decedent’s will has the right to appointment as personal representative.
- § 8421 If a person is not named as executor in a will but it appears by the terms of the will that the testator intended to commit the execution of the will and the…
- § 8422 (a) The testator may by will confer on a person the power to designate an executor or coexecutor, or successor executor or coexecutor. The will may provide…
- § 8423 If the executor named in the will is a trust company that has sold its business and assets to, has consolidated or merged with, or is in any manner provided by…
- § 8424 (a) If a person named as executor is under the age of majority and there is another person named as executor, the other person may be appointed and may…
- § 8425 If the court does not appoint all the persons named in the will as executors, those appointed have the same authority to act in every respect as all would have…
ARTICLE 3. Administrators With the Will Annexed §§ 8440–8442 · 3 sections
- § 8440 An administrator with the will annexed shall be appointed as personal representative if no executor is named in the will or if the sole executor or all the…
- § 8441 (a) Except as provided in subdivision (b), persons and their nominees are entitled to appointment as administrator with the will annexed in the same order of…
- § 8442 (a) Subject to subdivision (b), an administrator with the will annexed has the same authority over the decedent’s estate as an executor named in the will would…
ARTICLE 4. Administrators §§ 8460–8469 · 10 sections
- § 8460 (a) If the decedent dies intestate, the court shall appoint an administrator as personal representative. (b) The court may appoint one or more persons as…
- § 8461 Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following…
- § 8462 The surviving spouse or domestic partner of the decedent, a relative of the decedent, or a relative of a predeceased spouse or domestic partner of the…
- § 8463 If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the marriage of the decedent and the surviving spouse,…
- § 8464 If a person otherwise entitled to appointment as administrator is a person under the age of majority or a person for whom a guardian or conservator of the…
- § 8465 (a) The court may appoint as administrator a person nominated by any of the following persons: (1) A person otherwise entitled to appointment. (2) A person who…
- § 8466 If a person whose only priority is that of a creditor claims appointment as administrator, the court in its discretion may deny the appointment and appoint…
- § 8467 If several persons have equal priority for appointment as administrator, the court may appoint one or more of them, or if such persons are unable to agree, the…
- § 8468 If persons having priority fail to claim appointment as administrator, the court may appoint any person who claims appointment.
- § 8469 (a) For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity…
ARTICLE 5. Bond §§ 8480–8488 · 9 sections
- § 8480 (a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the…
- § 8481 (a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond. (2) All beneficiaries waive in writing the…
- § 8482 (a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the…
- § 8483 (a) This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition that the…
- § 8484 If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the…
- § 8485 A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section 10900.…
- § 8486 The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force.
- § 8487 The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) apply to a…
- § 8488 (a) In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the decedent’s estate…
ARTICLE 6. Removal From Office §§ 8500–8505 · 6 sections
- § 8500 (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for…
- § 8501 On removal of a personal representative from office, the court shall revoke any letters issued to the personal representative, and the authority of the…
- § 8502 A personal representative may be removed from office for any of the following causes: (a) The personal representative has wasted, embezzled, mismanaged, or…
- § 8503 (a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent entitled to…
- § 8504 (a) After appointment of an administrator on the ground of intestacy, the personal representative shall be removed from office on the later admission to…
- § 8505 (a) A personal representative may be removed from office if the personal representative is found in contempt for disobeying an order of the court. (b)…
ARTICLE 7. Changes in Administration §§ 8520–8525 · 6 sections
- § 8520 A vacancy occurs in the office of a personal representative who resigns, dies, or is removed from office under Article 6 (commencing with Section 8500), or…
- § 8521 (a) Unless the will provides otherwise or the court in its discretion orders otherwise, if a vacancy occurs in the office of fewer than all personal…
- § 8522 (a) If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor…
- § 8523 The court may make orders that are necessary to deal with the estate of the decedent between the time a vacancy occurs in the office of personal representative…
- § 8524 (a) A successor personal representative is entitled to demand, sue for, recover and collect all the estate of the decedent remaining unadministered, and may…
- § 8525 (a) The acts of the personal representative before a vacancy occurs are valid to the same extent as if no vacancy had later occurred. (b) The liability of a…
ARTICLE 8. Special Administrators §§ 8540–8547 · 8 sections
- § 8540 (a) If the circumstances of the estate require the immediate appointment of a personal representative, the court may appoint a special administrator to…
- § 8541 (a) Appointment of a special administrator may be made at any time without notice or on such notice to interested persons as the court deems reasonable. (b) In…
- § 8542 (a) The clerk shall issue letters to the special administrator after both of the following conditions are satisfied: (1) The special administrator gives any…
- § 8543 Subject to subdivision (b) of Section 8481, the court shall direct that no bond be given in either of the following cases: (a) The will waives the requirement…
- § 8544 (a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following…
- § 8545 (a) Notwithstanding Section 8544, the court may grant a special administrator the same powers, duties, and obligations as a general personal representative…
- § 8546 (a) The powers of a special administrator cease on issuance of letters to a general personal representative or as otherwise directed by the court. (b) The…
- § 8547 (a) Subject to the limitations of this section, the court shall fix the compensation of the special administrator and the compensation of the attorney of the…
ARTICLE 9. Nonresident Personal Representative §§ 8570–8577 · 8 sections
- § 8570 As used in this article, “nonresident personal representative” means a nonresident of this state appointed as personal representative, or a resident of this…
- § 8571 Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal…
- § 8572 (a) Acceptance of appointment by a nonresident personal representative is equivalent to and constitutes an irrevocable and binding appointment by the…
- § 8573 A nonresident personal representative shall sign and file with the court a statement of the permanent address of the nonresident personal representative. If…
- § 8574 (a) Service of process or notice of a motion under Section 377.41 of the Code of Civil Procedure in any action or proceeding against the nonresident personal…
- § 8575 Proof of compliance with Section 8574 shall be made in the following manner: (a) In the event of service by mail, by certificate of the Secretary of State,…
- § 8576 (a) Except as provided in this section, service made under Section 8574 has the same legal force and validity as if made personally in this state. (b) A…
- § 8577 (a) Failure of a nonresident personal representative to comply with Section 8573 is cause for removal from office. (b) Nothing in this section limits the…
PART 3. INVENTORY AND APPRAISAL §§ 8800–8980 · 34 sections
CHAPTER 1. General Provisions §§ 8800–8804 · 5 sections
- § 8800 (a) The personal representative shall file with the court clerk an inventory of property to be administered in the decedent’s estate together with an appraisal…
- § 8801 If the personal representative acquires knowledge of property to be administered in the decedent’s estate that is not included in a prior inventory and…
- § 8802 The inventory and appraisal shall separately list each item and shall state the fair market value of the item at the time of the decedent’s death in monetary…
- § 8803 On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a…
- § 8804 If the personal representative refuses or negligently fails to file an inventory and appraisal within the time allowed under this chapter, upon petition of an…
CHAPTER 2. Inventory §§ 8850–8873 · 7 sections
ARTICLE 1. General Provisions §§ 8850–8852 · 3 sections
- § 8850 (a) The inventory, including partial and supplemental inventories, shall include all property to be administered in the decedent’s estate. (b) The inventory…
- § 8851 The discharge or devise in a will of any debt or demand of the testator against the executor or any other person is not valid against creditors of the…
- § 8852 (a) The personal representative shall take and subscribe an oath that the inventory contains a true statement of the property to be administered in the…
ARTICLE 2. Discovery of Property of Decedent §§ 8870–8873 · 4 sections
- § 8870 (a) On petition by the personal representative or an interested person, the court may order that a citation be issued to a person to answer interrogatories, or…
- § 8871 Interrogatories may be put to a person cited to answer interrogatories pursuant to Section 8870. The interrogatories and answers shall be in writing. The…
- § 8872 (a) At an examination witnesses may be produced and examined on either side. (b) If upon the examination it appears that the allegations of the petition are…
- § 8873 (a) On petition by the personal representative, the court may issue a citation to a person who has possession or control of property in the decedent’s estate…
CHAPTER 3. Appraisal §§ 8900–8980 · 22 sections
ARTICLE 1. Procedure §§ 8900–8909 · 10 sections
- § 8900 The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter.
- § 8901 The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative,…
- § 8902 Except as otherwise provided by statute: (a) The personal representative shall deliver the inventory to the probate referee designated by the court, together…
- § 8903 (a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section. (b) The personal representative may apply for a…
- § 8904 (a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of…
- § 8905 A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised…
- § 8906 (a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the…
- § 8907 Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason…
- § 8908 A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary: (a) Provide any appraisal report…
- § 8909 A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the…
ARTICLE 2. Designation and Removal of Probate Referee §§ 8920–8924 · 5 sections
- § 8920 The probate referee, when designated by the court, shall be among the persons appointed by the Controller to act as a probate referee for the county. If there…
- § 8921 The court may designate a person requested by the personal representative as probate referee, on a showing by the personal representative of good cause for the…
- § 8922 The court has authority and discretion not to designate a particular person as probate referee even though appointed by the Controller to act as a probate…
- § 8923 The court may not designate as probate referee any of the following persons: (a) The court clerk. (b) A partner or employee of the judge or commissioner who…
- § 8924 (a) The court shall remove the designated probate referee in any of the following circumstances: (1) The personal representative shows cause, including…
ARTICLE 3. Time for Probate Referee Appraisal §§ 8940–8941 · 2 sections
- § 8940 (a) The probate referee shall promptly and with reasonable diligence appraise the property scheduled for appraisal by the probate referee in the inventory that…
- § 8941 (a) The court shall, on petition of the personal representative or probate referee, or may, on the court’s own motion, hear the report of the status of the…
ARTICLE 4. Commission and Expenses of Probate Referee §§ 8960–8964 · 4 sections
- § 8960 (a) The commission and expenses provided by this article as compensation for the services of the probate referee shall be paid from the estate. (b) The probate…
- § 8961 As compensation for services the probate referee shall receive all of the following: (a) A commission of one-tenth of one percent of the total value of the…
- § 8963 (a) Notwithstanding Section 8961 and subject to subdivision (b), the commission of the probate referee shall in no event be less than seventy-five dollars…
- § 8964 If more than one probate referee appraises or participates in the appraisal of property in the estate, each is entitled to the share of the commission agreed…
ARTICLE 5. Transitional Provision § 8980 · 1 section
- § 8980 If an inventory is delivered to a probate referee for appraisal before July 1, 1989, all matters relating to the appraisal by the referee, including the…
PART 4. CREDITOR CLAIMS §§ 9000–9399 · 48 sections
CHAPTER 1. General Provisions §§ 9000–9004 · 5 sections
- § 9000 As used in this division: (a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and…
- § 9001 (a) The publication of notice under Section 8120 and the giving of notice of administration of the estate of the decedent under Chapter 2 (commencing with…
- § 9002 Except as otherwise provided by statute: (a) All claims shall be filed in the manner and within the time provided in this part. (b) A claim that is not filed…
- § 9003 A claim that is established under this part shall be included among the debts to be paid in the course of administration.
- § 9004 (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1988. (b) The applicable law in effect before…
CHAPTER 2. Notice to Creditors §§ 9050–9054 · 5 sections
- § 9050 (a) Subject to Section 9054, the personal representative shall give notice of administration of the estate to the known or reasonably ascertainable creditors…
- § 9051 The notice shall be given within the later of: (a) Four months after the date letters are first issued. (b) Thirty days after the personal representative first…
- § 9052 The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION OF ESTATE OF _______, DECEDENT Notice to creditors: Administration of the…
- § 9053 (a) If the personal representative believes that notice to a particular creditor is or may be required by this chapter and gives notice based on that belief,…
- § 9054 Notwithstanding Section 9050, the personal representative need not give notice to a creditor even though the personal representative has knowledge of the…
CHAPTER 3. Time for Filing Claims §§ 9100–9104 · 5 sections
- § 9100 (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general…
- § 9101 A vacancy in the office of the personal representative that occurs before expiration of the time for filing a claim does not extend the time.
- § 9102 A claim that is filed before expiration of the time for filing the claim is timely even if acted on by the personal representative or by the court after…
- § 9103 (a) Upon petition by a creditor or the personal representative, the court may allow a claim to be filed after expiration of the time for filing a claim…
- § 9104 (a) Subject to subdivision (b), if a claim is filed within the time provided in this chapter, the creditor may later amend or revise the claim. The amendment…
CHAPTER 4. Filing of Claims §§ 9150–9154 · 5 sections
- § 9150 (a) A claim may be filed by the creditor or a person acting on behalf of the creditor. (b) A claim shall be filed with the court and a copy shall be served on…
- § 9151 (a) A claim shall be supported by the affidavit of the creditor or the person acting on behalf of the creditor stating: (1) The claim is a just claim. (2) If…
- § 9152 (a) If a claim is based on a written instrument, either the original or a copy of the original with all endorsements shall be attached to the claim. If a copy…
- § 9153 A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section…
- § 9154 (a) Notwithstanding any other provision of this part, if a creditor makes a written demand for payment within four months after the date letters are first…
CHAPTER 5. Claims by Public Entities §§ 9200–9205 · 6 sections
- § 9200 (a) Except as provided in this chapter, a claim by a public entity shall be filed within the time otherwise provided in this part. A claim not so filed is…
- § 9201 (a) Notwithstanding any other statute, if a claim of a public entity arises under a law, act, or code listed in subdivision (b): (1) The public entity may…
- § 9202 (a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney…
- § 9203 (a) Failure of a person to give the written notice or request required by this chapter does not affect the validity of any proceeding under this code…
- § 9204 Nothing in this chapter shall be construed to affect the order of priority of claims provided for under other provisions of law.
- § 9205 This chapter does not apply to liability for the restitution of amounts illegally acquired through the means of a fraudulent, false, or incorrect…
CHAPTER 6. Allowance and Rejection of Claims §§ 9250–9256 · 7 sections
- § 9250 (a) When a claim is filed, the personal representative shall allow or reject the claim in whole or in part. (b) The allowance or rejection shall be in writing.…
- § 9251 If the personal representative is not authorized to act under the Independent Administration of Estates Act (Part 6 (commencing with Section 10400)): (a)…
- § 9252 (a) If the personal representative or the attorney for the personal representative is a creditor of the decedent, the clerk shall present the claim to the…
- § 9253 A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge.
- § 9254 (a) The validity of an allowed or approved claim may be contested by any interested person at any time before settlement of the report or account of the…
- § 9255 (a) The personal representative may allow a claim, or the court or judge may approve a claim, in part. The allowance or approval shall state the amount for…
- § 9256 If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect…
CHAPTER 7. Claims Established by Judgment §§ 9300–9304 · 5 sections
- § 9300 (a) Except as provided in Section 9303, after the death of the decedent all money judgments against the decedent or against the personal representative on a…
- § 9301 When a money judgment against a personal representative in a representative capacity becomes final, it conclusively establishes the validity of the claim for…
- § 9302 (a) Notwithstanding the death of the decedent, a judgment for possession of property or a judgment for sale of property may be enforced under the Enforcement…
- § 9303 If property of the decedent is subject to an execution lien at the time of the decedent’s death, enforcement against the property may proceed under the…
- § 9304 (a) An attachment lien may be converted into a judgment lien on property in the estate subject to the attachment lien, with the same priority as the attachment…
CHAPTER 8. Claims in Litigation §§ 9350–9399 · 10 sections
ARTICLE 1. Claim Where No Pending Action or Proceeding §§ 9350–9354 · 5 sections
- § 9350 This article applies to any claim other than a claim on an action or proceeding pending against the decedent at the time of death.
- § 9351 An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided…
- § 9352 (a) The filing of a claim or a petition under Section 9103 to file a claim tolls the statute of limitations otherwise applicable to the claim until allowance,…
- § 9353 (a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole…
- § 9354 (a) In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for…
ARTICLE 2. Claim Where Action or Proceeding Pending § 9370 · 1 section
- § 9370 (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal representative unless all of…
ARTICLE 3. Litigation Where No Claim Required §§ 9390–9392 · 3 sections
- § 9390 (a) An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and a…
- § 9391 Except as provided in Section 10361, the holder of a mortgage or other lien on property in the decedent’s estate, including, but not limited to, a judgment…
- § 9392 (a) Subject to subdivision (b), a person to whom property is distributed is personally liable for the claim of a creditor, without a claim first having been… see note
ARTICLE 4. Transitional Provision § 9399 · 1 section
- § 9399 (a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues to apply to an…
PART 5. ESTATE MANAGEMENT §§ 9600–10382 · 183 sections
CHAPTER 1. General Provisions §§ 9600–9645 · 17 sections
ARTICLE 1. Duties and Liabilities of Personal Representative §§ 9600–9606 · 7 sections
- § 9600 (a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and…
- § 9601 (a) If a personal representative breaches a fiduciary duty, the personal representative is chargeable with any of the following that is appropriate under the…
- § 9602 (a) If the personal representative is liable for interest pursuant to Section 9601, the personal representative is liable for the greater of the following…
- § 9603 The provisions of Sections 9601 and 9602 for liability of a personal representative for breach of a fiduciary duty do not prevent resort to any other remedy…
- § 9604 No personal representative is chargeable upon a special promise to answer in damages for a liability of the decedent or to pay a debt of the decedent out of…
- § 9605 Appointment of a person as personal representative does not discharge any claim the decedent has against the person.
- § 9606 Unless otherwise provided in the instrument or in this division, a personal representative is not personally liable on an instrument, including but not limited…
ARTICLE 2. Court Supervision §§ 9610–9614 · 4 sections
- § 9610 Unless this part specifically provides a proceeding to obtain court authorization or requires court authorization, the powers and duties set forth in this part…
- § 9611 (a) In all cases where no other procedure is provided by statute, upon petition of the personal representative, the court may authorize and instruct the…
- § 9613 (a) On petition of any interested person, and upon a showing that if the petition is not granted the estate will suffer great or irreparable injury, the court…
- § 9614 (a) On petition of an interested person, the court may suspend the powers of the personal representative in whole or in part, for a time, as to specific…
ARTICLE 3. Summary Determination of Disputes §§ 9620–9621 · 2 sections
- § 9620 If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may do either of the…
- § 9621 If there is a dispute relating to the estate between the personal representative and a third person, the personal representative may enter into an agreement in…
ARTICLE 4. Joint Personal Representatives §§ 9630–9631 · 2 sections
- § 9630 (a) Subject to subdivisions (b), (c), and (d): (1) Where there are two personal representatives, both must concur to exercise a power. (2) Where there are more…
- § 9631 (a) Except as provided in subdivision (b), where there is more than one personal representative, one personal representative is not liable for a breach of…
ARTICLE 5. Independent Administration § 9640 · 1 section
- § 9640 Nothing in this part limits or restricts any authority granted to a personal representative under the Independent Administration of Estates Act (Part 6…
ARTICLE 6. Transitional Provision § 9645 · 1 section
- § 9645 (a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July 1, 1988, shall be continued under this part, so far as…
CHAPTER 2. Estate Management Generally §§ 9650–9657 · 8 sections
- § 9650 (a) Except as provided by statute and subject to subdivision (c): (1) The personal representative has the right to, and shall take possession or control of,…
- § 9651 (a) A personal representative who in good faith takes into possession real or personal property, and reasonably believes that the property is part of the…
- § 9652 (a) Except as provided in subdivisions (b) and (c), the personal representative shall keep all cash in his or her possession invested in interest-bearing…
- § 9653 (a) On application of a creditor of the decedent or the estate, the personal representative shall commence and prosecute an action for the recovery of real or…
- § 9654 The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession of property or to quiet title to property…
- § 9655 With respect to a share of stock of a domestic or foreign corporation held in the estate, a membership in a nonprofit corporation held in the estate, or other…
- § 9656 The personal representative may insure the property of the estate against damage or loss and may insure himself or herself against liability to third persons.
- § 9657 The personal representative shall not make profit by the increase, nor suffer loss by the decrease or destruction without his or her fault, of any part of the…
CHAPTER 3. Deposit of Money and Personal Property With Financial Institutions §§ 9700–9705 · 6 sections
- § 9700 The personal representative may deposit money of the estate in an insured account in a financial institution in this state. Unless otherwise provided by court…
- § 9701 The personal representative may deposit personal property of the estate with a trust company for safekeeping. Unless otherwise provided by court order, the…
- § 9702 (a) A trust company serving as personal representative may deposit securities that constitute all or part of the estate in a securities depository, as provided…
- § 9703 (a) Upon application of the personal representative, the court may, with or without notice, order that money or other personal property be deposited pursuant…
- § 9704 When an order for distribution of money or personal property deposited pursuant to this chapter is made, the financial institution, trust company, or…
- § 9705 (a) Subject to subdivision (b), where a trust company is a personal representative and in the exercise of reasonable judgment deposits money of the estate in…
CHAPTER 4. Investments and Purchase of Property §§ 9730–9737 · 8 sections
- § 9730 Pending distribution of the estate, the personal representative may invest money of the estate in possession of the personal representative in any one or more…
- § 9731 (a) Pending distribution of the estate, upon a showing that it is to the advantage of the estate, the court may order that money of the estate in possession of…
- § 9732 (a) The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the…
- § 9733 (a) Pending distribution of the estate or at the time the court makes an order for final distribution of the estate, on petition of the personal representative…
- § 9734 (a) If an asset of the estate consists of an option right, the personal representative may exercise the option after authorization by order of court upon a…
- § 9735 (a) After authorization by order of court, the personal representative may purchase securities or commodities required to perform an incomplete contract of…
- § 9736 The personal representative may hold a security in the name of a nominee or in any other form without disclosure of the estate so that title to the security…
- § 9737 (a) If an estate by reason of owning securities also owns or receives subscription rights for the purchase of additional securities, the personal…
CHAPTER 5. Operation of Decedent’s Business §§ 9760–9765 · 6 sections
- § 9760 (a) As used in this section, “decedent’s business” means an unincorporated business or venture in which the decedent was engaged or which was wholly or partly…
- § 9761 If a partnership existed between the decedent and another person at the time of the decedent’s death, on application of the personal representative, the court…
- § 9762 (a) After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons,…
- § 9763 (a) If the decedent was a general partner, the personal representative may commence and maintain any action against the surviving partner that the decedent…
- § 9764 (a) The personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of his or her death or other person…
- § 9765 (a) Commencing January 1, 2024, when a professional fiduciary is deceased and a vacancy exists, the deceased fiduciary’s personal representative, trustee, or…
CHAPTER 6. Abandonment of Tangible Personal Property §§ 9780–9788 · 9 sections
- § 9780 Unless the property is specifically devised, subject to the requirements of this chapter, the personal representative may dispose of or abandon tangible…
- § 9781 Unless otherwise provided in the will, subject to the requirements of this chapter, the personal representative may exercise the power provided in Section 9780…
- § 9782 (a) Except as provided in Section 9785, before disposing of or abandoning property under Section 9780, the personal representative shall give notice of the…
- § 9783 A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or…
- § 9784 (a) A person described in Section 9782 who objects to the disposition or abandonment of property by the personal representative under Section 9780 may apply to…
- § 9785 Notice of the proposed disposition or abandonment need not be given to any of the following: (a) A person who consents in writing to the proposed disposition…
- § 9786 A person who objects to the disposition or abandonment as provided in Section 9783, or who serves a restraining order issued under Section 9784 in the manner…
- § 9787 (a) Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in…
- § 9788 (a) Notwithstanding Sections 9783 and 9784, the personal representative may abandon or dispose of the property without court authorization if the person who…
CHAPTER 7. Borrowing, Refinancing, and Encumbering Property §§ 9800–9807 · 8 sections
- § 9800 (a) Subject to subdivision (c), after authorization by order of court obtained under this chapter upon a showing that it would be to the advantage of the…
- § 9801 If property of the estate consists of an undivided interest in real or personal property, or any other interest therein less than the entire ownership, upon a…
- § 9802 (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) The petition shall state the purpose for…
- § 9803 Notice of the hearing on the petition shall be given as provided in Section 1220.
- § 9804 (a) Subject to subdivision (c), if the court is satisfied that it will be to the advantage of the estate, the court shall make an order that authorizes or…
- § 9805 (a) The personal representative shall execute and deliver the mortgage or deed of trust, or execute and deliver the instrument creating the security interest,…
- § 9806 (a) Every mortgage, deed of trust, or security interest made pursuant to a court order obtained under this chapter is effectual to mortgage, or to subject to…
- § 9807 (a) Except as provided in subdivision (b), no judgment or claim for any deficiency shall be had or allowed against the personal representative or the estate if…
CHAPTER 8. Actions and Proceedings by or Against Personal Representative §§ 9820–9823 · 3 sections
- § 9820 The personal representative may: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b) Defend actions and proceedings against…
- § 9822 The personal representative may bring an action on the bond of any former personal representative of the same estate, for the use and benefit of all interested…
- § 9823 (a) If the decedent leaves an undivided interest in any property, an action for partition of the property may be brought against the personal representative.…
CHAPTER 9. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations §§ 9830–9839 · 10 sections
- § 9830 (a) Unless this chapter or some other applicable statute requires court authorization or approval, if it is to the advantage of the estate, the personal…
- § 9831 Unless the time for filing creditor claims has expired, authorization by order of court is required for a compromise or settlement of a claim, action, or…
- § 9832 (a) Except as provided in subdivision (b), authorization by order of court is required for a compromise, settlement, extension, renewal, or modification which…
- § 9833 Authorization by order of court is required for a compromise or settlement of a matter when the transaction requires the transfer or encumbrance of property of…
- § 9834 Authorization by order of court is required for any of the following: (a) A compromise or settlement of a claim by the estate against the personal…
- § 9835 Authorization by order of court is required for the compromise or settlement of a claim or right of action given to the personal representative by any law for…
- § 9836 The court authorization required by this chapter shall be obtained from the court in which the estate is being administered.
- § 9837 (a) A petition for an order authorizing a compromise, settlement, extension, renewal, or modification under this chapter may be filed by any of the following:…
- § 9838 (a) If an order made under Section 9837 authorizes a compromise or settlement that requires the transfer of real property of the estate, the personal…
- § 9839 If the personal representative pays a claim for less than its full amount, the personal representative’s accounts may be credited only for the amount actually…
CHAPTER 10. Acceptance of Deed in Lieu of Foreclosure or Trustee’s Sale; Grant of Partial Satisfaction or Partial Reconveyance §§ 9850–9851 · 2 sections
- § 9850 (a) If it is to the advantage of the estate to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage…
- § 9851 (a) Except as provided in subdivision (c), if it is to the advantage of the estate for the personal representative to give a partial satisfaction of a mortgage…
CHAPTER 12. Purchase of Claims or Estate Property by Personal Representative or Personal Representative’s Attorney §§ 9880–9885 · 6 sections
- § 9880 Except as provided in this chapter, neither the personal representative nor the personal representative’s attorney may do any of the following: (a) Purchase…
- § 9881 Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal…
- § 9882 Upon a petition filed under Section 9883, the court may make an order under this section authorizing the personal representative or the personal…
- § 9883 (a) The personal representative may file a petition requesting that the court make an order under Section 9881 or 9882. The petition shall set forth the facts…
- § 9884 This chapter does not prohibit the purchase of property of the estate by the personal representative or the personal representative’s attorney pursuant to a…
- § 9885 This chapter does not prevent the exercise by the personal representative or the personal representative’s attorney of an option to purchase property of the…
CHAPTER 13. Dedication or Conveyance to Governmental Entity; Easements and Access Rights §§ 9900–9901 · 2 sections
- § 9900 If it is to the advantage of the estate and in the best interest of the interested persons, the personal representative, after authorization by order of the…
- § 9901 (a) The personal representative or any interested person may file a petition for an order under this chapter. (b) Notice of the hearing on the petition shall…
CHAPTER 14. Exchange of Property §§ 9920–9923 · 4 sections
- § 9920 If it is to the advantage of the estate to exchange property of the estate for other property, the personal representative may, after authorization by order of…
- § 9921 To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (a) A…
- § 9922 (a) Except as provided in subdivision (b), notice of the hearing on the petition shall be given as provided in Section 1220. (b) If the petition is for…
- § 9923 No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the exchange made pursuant to an order…
CHAPTER 15. Leases §§ 9940–9948 · 9 sections
- § 9940 For the purpose of this chapter: (a) “Lease” includes, without limitation, a lease that includes an option to purchase real propery of the estate. (b) If a…
- § 9941 If it is to the advantage of the estate, the personal representative may lease, as lessor, real property of the estate without authorization of the court in…
- § 9942 (a) The personal representative may lease, as lessor, real property of the estate after authorization by order of court obtained under this chapter upon a…
- § 9943 (a) To obtain an order under this chapter, the personal representative or any interested person shall file a petition containing all of the following: (1) A…
- § 9944 (a) Notice of the hearing on the petition shall be given as provided in Section 1220 and posted as provided in Section 1230. (b) Notice of the hearing on the…
- § 9945 (a) At the hearing, the court shall entertain and consider any other offer made in good faith at the hearing to lease the same property on more favorable…
- § 9946 (a) Subject to Section 9947, an order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease.…
- § 9947 (a) Except as provided in this section, the term of the lease shall be for such period as the court may authorize. (b) Except as provided in subdivision (c),…
- § 9948 (a) The personal representative shall execute, acknowledge, and deliver the lease as directed, setting forth therein that it is made by authority of the order,…
CHAPTER 16. Granting Option to Purchase Real Property §§ 9960–9966 · 7 sections
- § 9960 After authorization by order of court obtained under this chapter, the personal representative may grant an option to purchase real property of the estate for…
- § 9961 To obtain an order under this chapter, the personal representative shall file a petition containing all of the following: (a) A description of the real…
- § 9962 The purchase price of the real property subject to the option shall be at least 90 percent of the appraised value of the real property. The appraisal shall be…
- § 9963 Notice of the hearing on the petition shall be posted as provided in Section 1230 and given as provided in Section 1220 to all of the following persons: (a)…
- § 9964 (a) The court shall make an order authorizing the personal representative to grant the option upon the terms and conditions stated in the order if the court is…
- § 9965 An option granted pursuant to an order made under this chapter, whether within or beyond the administration of the estate, is subject to Chapter 4 (commencing…
- § 9966 No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the granting of an option pursuant to…
CHAPTER 17. Option to Purchase Given in Will §§ 9980–9983 · 4 sections
- § 9980 (a) Where an option to purchase real or personal property is given in a will, the person given the option has the right to exercise the option at any time…
- § 9981 (a) Where an option to purchase real or personal property is given in a will admitted to probate, the court may make an order under this chapter directing the…
- § 9982 The court shall not make an order under this chapter unless one of the following requirements is satisfied: (a) The court determines that the rights of…
- § 9983 No omission, error, or irregularity in the proceedings under this chapter shall impair or invalidate the proceedings or the transfer or conveyance made…
CHAPTER 18. Sales §§ 10000–10382 · 74 sections
ARTICLE 1. General Provisions §§ 10000–10006 · 7 sections
- § 10000 Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any…
- § 10001 (a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal…
- § 10002 (a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold, the personal…
- § 10003 Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to be sold, the…
- § 10004 (a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal,…
- § 10005 (a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale, including the…
- § 10006 If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding written consent to have…
ARTICLE 2. Contract With Agent, Broker, or Auctioneer §§ 10150–10151 · 2 sections
- § 10150 (a) The personal representative may enter into a written contract with either or both of the following: (1) A licensed real estate broker to secure a purchaser…
- § 10151 (a) The personal representative may enter into a written contract with any of the following: (1) Where the public auction sale will be held in this state, an…
ARTICLE 3. Compensation of Agent, Broker, or Auctioneer §§ 10160–10168 · 14 sections
- § 10160 The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or other compensation or…
- § 10160.5 The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in…
- § 10161 (a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission, or…
- § 10162 (a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an agent or broker and the…
- § 10162.3 (a) This section applies if all of the following circumstances exist: (1) There is no agent or broker holding a contract under Section 10150 granting the…
- § 10162.5 Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property, the court shall…
- § 10162.6 (a) This section applies if both of the following circumstances exist: (1) An agent or broker holds a contract under Section 10150 granting the exclusive right…
- § 10162.7 (a) Subject to Section 10162.6, this section applies if all of the following circumstances exist: (1) There is an agent or broker holding a contract under…
- § 10163 Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation was made by a purchaser who was not procured by an agent…
- § 10164 (a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a…
- § 10165 (a) Subject to Section 10162.6, where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a…
- § 10166 Notwithstanding that a bid contains a condition that a certain amount of the bid shall be paid to an agent or broker by the personal representative, only such…
- § 10167 (a) Subject to subdivision (b), whether or not the auctioneer has a contract with the personal representative, the fees, compensation, and expenses of an…
- § 10168 This article does not supersede any agreement cooperating agents or brokers may have among themselves to divide the compensation payable under this article.
ARTICLE 4. Special Provisions Applicable to Particular Types of Property §§ 10200–10207 · 8 sections
- § 10200 (a) As used in this section, “securities” means “security” as defined in Section 70, land trust certificates, certificates of beneficial interest in trusts,…
- § 10201 (a) For purposes of this section: (1) “Federal association” is defined in Section 5102 of the Financial Code. (2) “Mutual capital certificate” is defined in…
- § 10202 Notwithstanding Section 10200, if an estate by reason of owning securities, also owns or receives subscription rights for the purchase of additional…
- § 10203 (a) Except as provided in subdivision (b), where property to be sold consists of a leasehold interest, the sale shall be made as in the case of the sale of…
- § 10204 Property of the estate that consists of a partnership interest or an interest belonging to an estate by virtue of a partnership formerly existing may be sold…
- § 10205 A chose in action belonging to the estate may be sold in the same manner as other personal property.
- § 10206 (a) Except as otherwise provided in this section, if the decedent at the time of death was possessed of a contract for the purchase of real property and the…
- § 10207 (a) Real property suitable for a shift-in-land-use loan to develop grazing or pasture facilities may be sold under this section by the personal representative…
ARTICLE 5. Sale of Personal Property §§ 10250–10264 · 15 sections
- § 10250 Subject to Sections 10251 and 10252 and except as otherwise provided by statute, personal property of the estate may be sold only after notice of sale is given…
- § 10251 (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five…
- § 10252 Personal property may be sold with or without notice, as the personal representative may determine, in any of the following cases: (a) Where the property is…
- § 10253 (a) The notice of sale given pursuant to Section 10250 shall state all of the following: (1) Whether the sale is to be a private sale or a public auction sale.…
- § 10254 (a) Unless the court orders otherwise pursuant to subdivision (b): (1) A sale of personal property at a public auction sale shall be made within this state at…
- § 10255 (a) A private sale of personal property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor…
- § 10256 Whether a sale of personal property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
- § 10257 (a) Personal property may be sold for cash or on credit. (b) Except as may otherwise be ordered by the court pursuant to Section 10258, if a sale is made on…
- § 10258 (a) On petition of the personal representative, the court may by order authorize a sale of personal property on credit on terms providing for less than 25…
- § 10259 (a) Title to the following personal property passes upon sale without the need for court confirmation or approval: (1) Personal property which is perishable,…
- § 10260 (a) Except as provided in Sections 10200, 10201, 10202, 10259, and 10503, all sales of personal property shall be reported to and be confirmed by the court…
- § 10261 (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale, the court shall examine into the necessity for the…
- § 10262 (a) Except as provided in subdivision (b), if a written offer to purchase the property is made to the court at the hearing on the petition for confirmation of…
- § 10263 If notice of the sale was required, before an order is made confirming the sale, it shall be proved to the satisfaction of the court that notice of the sale…
- § 10264 No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made…
ARTICLE 6. Sale of Real Property §§ 10300–10316 · 17 sections
- § 10300 (a) Except as provided in Sections 10301 to 10303, inclusive, and in Section 10503, real property of the estate may be sold only after notice of sale has been…
- § 10301 (a) If it appears from the inventory and appraisal that the value of the real property to be sold does not exceed five thousand dollars ($5,000), the personal…
- § 10302 (a) If it is shown that it will be to the advantage of the estate, the court or judge may by order shorten the time of notice of sale to not less than five…
- § 10303 Real property may be sold with or without notice, as the personal representative may determine, in either of the following cases: (a) Where the property is…
- § 10304 (a) The notice of sale given pursuant to this article shall state all of the following: (1) Whether the sale is to be a private sale or a public auction sale.…
- § 10305 (a) A sale of real property at public auction shall be made in the county in which the property is located. If the property is located in two or more counties,…
- § 10306 (a) A private sale of real property may not be made before the day stated in the notice of sale as the day on or after which the sale will be made, nor later…
- § 10307 Whether a sale of real property is private or at public auction, bids shall substantially comply with any terms specified in the notice of sale.
- § 10308 (a) Except as provided in Section 10503, all sales of real property shall be reported to and be confirmed by the court before title to the property passes to…
- § 10309 (a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the following conditions are…
- § 10310 (a) Except as provided in this subdivision, at the hearing on the petition for confirmation of the sale of the real property, the court shall examine into the…
- § 10311 (a) Subject to subdivisions (b), (c), (d), and (e), and except as provided in Section 10207, if a written offer to purchase the real property is made to the…
- § 10312 If notice of the sale was required, before an order is made confirming the sale it shall be proved to the satisfaction of the court that notice of the sale was…
- § 10313 (a) The court shall make an order confirming the sale to the person making the highest offer that satisfies the requirements of this article, and directing…
- § 10314 (a) Except as provided in subdivision (b), upon confirmation of the sale, the personal representative shall execute a conveyance to the purchaser which shall…
- § 10315 (a) If a sale is made on credit, the personal representative shall take the note of the purchaser for the unpaid portion of the purchase money, with a mortgage…
- § 10316 No omission, error, or irregularity in the proceedings under this article shall impair or invalidate the proceedings or the sale pursuant to an order made…
ARTICLE 7. Vacating Sale for Purchaser’s Default; Liability of Defaulting Purchaser for Damages §§ 10350–10351 · 2 sections
- § 10350 (a) If after court confirmation of sale of real or personal property the purchaser fails to comply with the terms of sale, the court may, on petition of the…
- § 10351 (a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to the new high bidder if both…
ARTICLE 8. Application of Sale Proceeds of Encumbered Property; Sale to Lienholder §§ 10360–10363 · 6 sections
- § 10360 As used in this article: (a) “Amount secured by the lien” includes interest and any costs and charges secured by the lien. (b) “Encumbered property” means real…
- § 10361 (a) If encumbered property is sold, the purchase money shall be applied in the following order: (1) Expenses of administration which are reasonably related to…
- § 10361.5 The personal representative or any interested party may, at any time before payment is made to satisfy all liens on the encumbered property sold, petition for…
- § 10361.6 (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner…
- § 10362 (a) If encumbered property is sold, the purchase money, or so much of the purchase money as is sufficient to pay the amount secured by the lien on the property…
- § 10363 (a) At a sale of real or personal property subject to a lien, the lienholder may become the purchaser of the property, even though no claim for the amount…
ARTICLE 9. Damages and Recovery of Property §§ 10380–10382 · 3 sections
- § 10380 The personal representative is liable to an interested person for damages suffered by the interested person by reason of the neglect or misconduct of the…
- § 10381 In addition to any other damages for which the personal representative is liable, if the personal representative fraudulently sells real property of the estate…
- § 10382 (a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by an heir or other person…
PART 6. INDEPENDENT ADMINISTRATION OF ESTATES §§ 10400–10592 · 64 sections
CHAPTER 1. General Provisions §§ 10400–10406 · 7 sections
- § 10400 This part shall be known and may be cited as the Independent Administration of Estates Act.
- § 10401 As used in this part, “court supervision” means the judicial order, authorization, approval, confirmation, or instructions that would be required if authority…
- § 10402 As used in this part, “full authority” means authority to administer the estate under this part that includes all the powers granted under this part.
- § 10403 As used in this part, “limited authority” means authority to administer the estate under this part that includes all the powers granted under this part except…
- § 10404 The personal representative may not be granted authority to administer the estate under this part if the decedent’s will provides that the estate shall not be…
- § 10405 A special administrator may be granted authority to administer the estate under this part if the special administrator is appointed with, or has been granted,…
- § 10406 (a) Subject to subdivision (b), this part applies in any case where authority to administer the estate is granted under this part or where independent…
CHAPTER 2. Granting or Revoking Independent Administration Authority §§ 10450–10454 · 5 sections
- § 10450 (a) To obtain authority to administer the estate under this part, the personal representative shall petition the court for that authority either in the…
- § 10451 (a) If the authority to administer the estate under this part is requested in the petition for appointment of the personal representative, notice of the…
- § 10452 Unless an interested person objects as provided in Section 1043 to the granting of authority to administer the estate under this part and the court determines…
- § 10453 (a) If the personal representative is otherwise required to file a bond and has full authority, the court, in its discretion, shall fix the amount of the bond…
- § 10454 (a) Any interested person may file a petition requesting that the court make either of the following orders: (1) An order revoking the authority of the…
CHAPTER 3. Administration Under Independent Administration Authority §§ 10500–10564 · 39 sections
ARTICLE 1. General Provisions §§ 10500–10503 · 4 sections
- § 10500 (a) Subject to the limitations and conditions of this part, a personal representative who has been granted authority to administer the estate under this part…
- § 10501 (a) Notwithstanding any other provision of this part, whether the personal representative has been granted full authority or limited authority, a personal…
- § 10502 (a) Subject to the conditions and limitations of this part and to Section 9600, a personal representative who has been granted authority to administer the…
- § 10503 Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this…
ARTICLE 2. Powers Exercisable Only After Giving Notice of Proposed Action §§ 10510–10520 · 11 sections
- § 10510 The personal representative may exercise the powers described in this article only if the requirements of Chapter 4 (commencing with Section 10580) (notice of…
- § 10511 The personal representative who has full authority has the power to sell or exchange real property of the estate.
- § 10512 The personal representative has the power to sell or incorporate any of the following: (a) An unincorporated business or venture in which the decedent was…
- § 10513 The personal representative has the power to abandon tangible personal property where the cost of collecting, maintaining, and safeguarding the property would…
- § 10514 (a) Subject to subdivision (b), the personal representative has the following powers: (1) The power to borrow. (2) The power to place, replace, renew, or…
- § 10515 The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the…
- § 10516 If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the…
- § 10517 The personal representative has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or…
- § 10518 The personal representative has the power to allow, compromise, or settle any of the following: (a) A third-party claim to real or personal property if the…
- § 10519 The personal representative has the power to make a disclaimer.
- § 10520 If the time for filing claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested…
ARTICLE 3. Powers the Exercise of Which Requires Giving of Notice of Proposed Action Under Some Circumstances §§ 10530–10538 · 9 sections
- § 10530 Except to the extent that this article otherwise provides, the personal representative may exercise the powers described in this article without giving notice…
- § 10531 (a) The personal representative has the power to manage and control property of the estate, including making allocations and determinations under the Uniform…
- § 10532 (a) The personal representative has the power to enter into a contract in order to carry out the exercise of a specific power granted by this part, including,…
- § 10533 (a) The personal representative has the power to do all of the following: (1) Deposit money belonging to the estate in an insured account in a financial…
- § 10534 (a) Subject to the partnership agreement and the provisions of the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the…
- § 10535 (a) The personal representative has the power to pay a reasonable family allowance. Except as provided in subdivision (b), the personal representative may…
- § 10536 (a) The personal representative has the power to enter as lessor into a lease of property of the estate for any purpose (including, but not limited to,…
- § 10537 (a) The personal representative has the power to sell personal property of the estate or to exchange personal property of the estate for other property upon…
- § 10538 (a) The personal representative has the following powers: (1) The power to grant an exclusive right to sell property for a period not to exceed 90 days. (2)…
ARTICLE 4. Powers Exercisable Without Giving Notice of Proposed Action §§ 10550–10564 · 15 sections
- § 10550 The personal representative may exercise the powers described in this article without giving notice of proposed action under Chapter 4 (commencing with Section…
- § 10551 In addition to the powers granted to the personal representative by other sections of this chapter, the personal representative has all the powers that the…
- § 10552 The personal representative has the power to do all of the following: (a) Allow, pay, reject, or contest any claim by or against the estate. (b) Compromise or…
- § 10553 The personal representative has the power to do all of the following: (a) Commence and maintain actions and proceedings for the benefit of the estate. (b)…
- § 10554 The personal representative has the power to extend, renew, or in any manner modify the terms of an obligation owing to or in favor of the decedent or the…
- § 10555 The personal representative has the power to convey or transfer property in order to carry out the exercise of a specific power granted by this part.
- § 10556 The personal representative has the power to pay all of the following: (a) Taxes and assessments. (b) Expenses incurred in the collection, care, and…
- § 10557 The personal representative has the power to purchase an annuity from an insurer admitted to do business in this state to satisfy a devise of an annuity or…
- § 10558 The personal representative has the power to exercise an option right that is property of the estate.
- § 10559 The personal representative has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died…
- § 10560 The personal representative has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to…
- § 10561 The personal representative has the power to exercise security subscription or conversion rights.
- § 10562 The personal representative has the power to make repairs and improvements to real and personal property of the estate.
- § 10563 The personal representative has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage…
- § 10564 The personal representative has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a…
CHAPTER 4. Notice of Proposed Action Procedure §§ 10580–10592 · 13 sections
- § 10580 (a) A personal representative who has been granted authority to administer the estate under this part shall give notice of proposed action as provided in this…
- § 10581 Except as provided in Sections 10582 and 10583, notice of proposed action shall be given to all of the following: (a) Each known devisee whose interest in the…
- § 10582 Notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or…
- § 10583 (a) Notice of proposed action need not be given to any person who, in writing, waives the right to notice of proposed action with respect to the particular…
- § 10584 (a) A waiver or consent may be revoked only in writing and is effective only when the writing is received by the personal representative. (b) A copy of the…
- § 10585 (a) The notice of proposed action shall state all of the following: (1) The name, mailing address, and electronic address of the personal representative. (2)…
- § 10586 The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days…
- § 10587 (a) Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section. (b) The objection to…
- § 10588 (a) Any person who is entitled to notice of proposed action for a proposed action described in subdivision (a) of Section 10580, or any person who is given…
- § 10589 (a) If the proposed action is one that would require court supervision if the personal representative had not been granted authority to administer the estate…
- § 10590 (a) Except as provided in subdivision (c), only a person described in Section 10581 has a right to have the court review the proposed action after it has been…
- § 10591 (a) The failure of the personal representative to comply with subdivision (a) of Section 10580 and with Sections 10581, 10585, 10586, and 10589, and the taking…
- § 10592 (a) In a case where notice of proposed action is required by this chapter, the court in its discretion may remove the personal representative from office…
PART 7. COMPENSATION OF PERSONAL REPRESENTATIVE AND ATTORNEY FOR THE PERSONAL REPRESENTATIVE §§ 10800–10850 · 15 sections
CHAPTER 1. Amount of Compensation §§ 10800–10814 · 11 sections
ARTICLE 1. Compensation of Personal Representative §§ 10800–10805 · 6 sections
- § 10800 (a) Subject to the provisions of this part, for ordinary services the personal representative shall receive compensation based on the value of the estate…
- § 10801 (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10800, the court may allow additional compensation for…
- § 10802 (a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the personal representative, the compensation…
- § 10803 An agreement between the personal representative and an heir or devisee for higher compensation than that provided by this part is void.
- § 10804 Notwithstanding any provision in the decedent’s will, a personal representative who is an attorney shall be entitled to receive the personal representative’s…
- § 10805 If there are two or more personal representatives, the personal representative’s compensation shall be apportioned among the personal representatives by the…
ARTICLE 2. Compensation of Attorney For the Personal Representative §§ 10810–10814 · 5 sections
- § 10810 (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of…
- § 10811 (a) Subject to the provisions of this part, in addition to the compensation provided by Section 10810, the court may allow additional compensation for…
- § 10812 (a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the attorney for the personal representative,…
- § 10813 An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void.
- § 10814 If there are two or more attorneys for the personal representative, the attorney’s compensation shall be apportioned among the attorneys by the court according…
CHAPTER 2. Allowance of Compensation by Court §§ 10830–10832 · 3 sections
- § 10830 (a) At any time after four months from the issuance of letters: (1) The personal representative may file a petition requesting an allowance on the compensation…
- § 10831 (a) At the time of the filing of the final account and petition for an order for final distribution: (1) The personal representative may petition the court for…
- § 10832 Notwithstanding Sections 10830 and 10831, the court may allow compensation to the personal representative or to the attorney for the personal representative…
CHAPTER 3. Application of Part § 10850 · 1 section
- § 10850 (a) This part does not apply in any proceeding for administration of a decedent’s estate commenced before July 1, 1991. (b) Notwithstanding its repeal, the…
PART 8. ACCOUNTS §§ 10900–11052 · 17 sections
CHAPTER 1. General Provisions §§ 10900–10902 · 3 sections
- § 10900 (a) An account shall include both a financial statement and a report of administration as provided in Chapter 4 (commencing with Section 1060) of Part 1 of…
- § 10901 On court order, or on request by an interested person filed with the clerk and a copy served on the personal representative, the personal representative shall…
- § 10902 When a personal representative receives assets from the conservator of a deceased conservatee or the guardian of a deceased ward, the personal representative…
CHAPTER 2. When Account Required §§ 10950–10954 · 5 sections
- § 10950 (a) On its own motion or on petition of an interested person, the court may order an account at any time. (b) The court shall order an account on petition of…
- § 10951 The personal representative shall file a final account and petition for an order for final distribution of the estate when the estate is in a condition to be…
- § 10952 A personal representative who resigns or is removed from office or whose authority is otherwise terminated shall, unless the court extends the time, file an…
- § 10953 (a) As used in this section: (1) “Incapacitated” means lack of capacity to serve as personal representative. (2) “Legal representative” means the personal…
- § 10954 (a) Notwithstanding any other provision of this part, the personal representative is not required to file an account if any of the following conditions is…
CHAPTER 3. Settlement of Account §§ 11000–11005 · 6 sections
- § 11000 (a) The personal representative shall give notice of the hearing as provided in Section 1220 to all of the following persons: (1) Each person listed in Section…
- § 11001 All matters relating to an account may be contested for cause shown, including, but not limited to: (a) The validity of an allowed or approved claim not…
- § 11002 (a) The court may conduct any hearing that may be necessary to settle the account, and may cite the personal representative to appear before the court for…
- § 11003 (a) If the court determines that the contest was without reasonable cause and in bad faith, the court may award against the contestant the compensation and…
- § 11004 The personal representative shall be allowed all necessary expenses in the administration of the estate, including, but not limited to, necessary expenses in…
- § 11005 If a debt has been paid within the time prescribed in Section 9154 but without a claim having been filed and established in the manner prescribed by statute,…
CHAPTER 4. Compelling Account §§ 11050–11052 · 3 sections
- § 11050 Subject to the provisions of this chapter, if the personal representative does not file a required account, the court shall compel the account by punishment…
- § 11051 (a) A citation shall be issued, served, and returned, requiring a personal representative who does not file a required account to appear and show cause why the…
- § 11052 If the personal representative does not appear and file a required account, after having been duly cited, the personal representative may be punished for…
PART 9. PAYMENT OF DEBTS §§ 11400–11467 · 26 sections
CHAPTER 1. Definitions and Preliminary Provisions §§ 11400–11405 · 4 sections
ARTICLE 1. Definitions §§ 11400–11402 · 3 sections
- § 11400 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
- § 11401 “Debt” means: (a) A claim that is established under Part 4 (commencing with Section 9000) or that is otherwise payable in the course of administration. (b) An…
- § 11402 “Wage claim” means a claim for wages, not exceeding two thousand dollars ($2,000), of each employee of the decedent for work done or personal services rendered…
ARTICLE 2. Proceedings Commenced Before July 1, 1988 § 11405 · 1 section
- § 11405 (a) This part does not apply in any proceeding for the administration of a decedent’s estate commenced before July 1, 1988. (b) The applicable law in effect…
CHAPTER 2. General Provisions §§ 11420–11429 · 7 sections
- § 11420 (a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have…
- § 11421 Subject to Section 11420, as soon as the personal representative has sufficient funds, after retaining sufficient funds to pay expenses of administration, the…
- § 11422 (a) Except as provided in Section 11421, the personal representative is not required to pay a debt until payment has been ordered by the court. (b) On the…
- § 11423 (a) Interest accrues on a debt from the date the court orders payment of the debt until the date the debt is paid. Interest accrues at the legal rate on…
- § 11424 The personal representative shall pay a debt to the extent of the order for payment of the debt, and is liable personally and on the bond, if any, for failure…
- § 11428 (a) If an estate is in all other respects ready to be closed, and it appears to the satisfaction of the court, on affidavit or evidence taken in open court,…
- § 11429 (a) Where the accounts of the personal representative have been settled and an order made for the payment of debts and distribution of the estate, a creditor…
CHAPTER 3. Allocation of Debts Between Estate and Surviving Spouse §§ 11440–11446 · 7 sections
- § 11440 If it appears that a debt of the decedent has been paid or is payable in whole or in part by the surviving spouse, or that a debt of the surviving spouse has…
- § 11441 The petition shall include a statement of all of the following: (a) All debts of the decedent and surviving spouse known to the petitioner that are alleged to…
- § 11442 If it appears from the petition that allocation would be affected by the value of the separate property of the surviving spouse and any community property and…
- § 11443 The petitioner shall give notice of the hearing as provided in Section 1220, together with a copy of the petition and the order to show cause, if any.
- § 11444 (a) The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement…
- § 11445 On making a determination as provided in this chapter, the court shall make an order that: (a) Directs the personal representative to make payment of the…
- § 11446 Notwithstanding any other statute, funeral expenses and expenses of last illness shall be charged against the estate of the decedent and shall not be allocated…
CHAPTER 4. Debts That are Contingent, Disputed, or Not Due §§ 11460–11467 · 8 sections
- § 11460 As used in this chapter: (a) A debt is “contingent” if it is established under Part 4 (commencing with Section 9000) in either a fixed or an uncertain amount…
- § 11461 When all other debts have been paid and the estate is otherwise in a condition to be closed, on petition by an interested person, the court may make or modify…
- § 11462 Notwithstanding any other provision of this chapter, if the court determines that all interested persons agree to the manner of providing for a debt that is…
- § 11463 The court may order an amount deposited in a financial institution, as provided in Chapter 3 (commencing with Section 9700) of Part 5, that would be payable if…
- § 11464 (a) The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person files with the…
- § 11465 (a) The court may order that a trustee be appointed to receive payment for a debt that is contingent, disputed, or not due. The court in determining the amount…
- § 11466 The court may order property in the estate distributed to a person entitled to it under the final order for distribution, if the person gives a bond…
- § 11467 The court may order that the administration of the estate continue until the contingency, dispute, or passage of time of a debt that is contingent, disputed,…
PART 10. DISTRIBUTION OF ESTATE §§ 11600–12007 · 53 sections
CHAPTER 1. Order for Distribution §§ 11600–11642 · 15 sections
ARTICLE 1. General Provisions §§ 11600–11605 · 7 sections
- § 11600 The personal representative or an interested person may petition the court under this chapter for an order for preliminary or final distribution of the…
- § 11601 Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220. (b)…
- § 11602 The personal representative or any interested person may oppose the petition.
- § 11603 (a) If the court determines that the requirements for distribution are satisfied, the court shall order distribution of the decedent’s estate, or such portion…
- § 11604 (a) This section applies where distribution is to be made to any of the following persons: (1) The transferee of a beneficiary. (2) Any person other than a…
- § 11604.5 (a) This section applies when distribution from a decedent’s estate is made to a transferee for value who acquires any interest of a beneficiary in exchange…
- § 11605 When a court order made under this chapter becomes final, the order binds and is conclusive as to the rights of all interested persons.
ARTICLE 2. Preliminary Distribution §§ 11620–11624 · 5 sections
- § 11620 A petition for an order for preliminary distribution of all, or a portion of, the share of a decedent’s estate to which a beneficiary is entitled may not be…
- § 11621 (a) The court shall order distribution under this article if at the hearing it appears that the distribution may be made without loss to creditors or injury to…
- § 11622 (a) If the court orders distribution before four months have elapsed after letters are first issued to a general personal representative, the court shall…
- § 11623 (a) Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent Administration of Estates…
- § 11624 The costs of a proceeding under this article shall be paid by the distributee or the estate in proportions determined by the court.
ARTICLE 3. Final Distribution §§ 11640–11642 · 3 sections
- § 11640 (a) When all debts have been paid or adequately provided for, or if the estate is insolvent, and the estate is in a condition to be closed, the personal…
- § 11641 When an order settling a final account and for final distribution is entered, the personal representative may immediately distribute the property in the estate…
- § 11642 Any property acquired or discovered after the court order for final distribution is made shall be distributed in the following manner: (a) If the order…
CHAPTER 2. Determination of Persons Entitled to Distribution §§ 11700–11705 · 6 sections
- § 11700 At any time after letters are first issued to a general personal representative and before an order for final distribution is made, the personal…
- § 11701 Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (a) Each person listed in Section 1220. (b)…
- § 11702 (a) Any interested person may appear and, at or before the time of the hearing, file a written statement of the person’s interest in the estate. The written…
- § 11703 The Attorney General shall be deemed to be a person entitled to distribution of the estate for purposes of this chapter if the estate involves or may involve…
- § 11704 (a) The court shall consider as evidence in the proceeding any statement made in a petition filed under Section 11700 and any statement of interest filed under…
- § 11705 (a) The court shall make an order that determines the persons entitled to distribution of the decedent’s estate and specifies their shares. (b) When the court…
CHAPTER 3. Distribution of Property in Estate §§ 11750–11754 · 5 sections
- § 11750 (a) The personal representative is responsible for distribution of the property in the estate in compliance with the terms of the court order for distribution.…
- § 11751 The personal representative shall obtain the receipt of the distributee for property in the estate distributed by the personal representative. In the case of…
- § 11752 If personal property in the possession of a distributee is subject to possession by the distributee for life only, the personal representative shall demand an…
- § 11753 (a) Distribution in compliance with the court order entitles the personal representative to a full discharge with respect to property included in the order.…
- § 11754 Expenses of administration of the estate shall include reasonable storage, delivery, and shipping costs for distribution of tangible personal property to a…
CHAPTER 4. Deceased Distributee §§ 11801–11802 · 2 sections
- § 11801 (a) Except as provided in subdivision (b), the share in a decedent’s estate of a beneficiary who survives the decedent but who dies before distribution shall…
- § 11802 If a beneficiary satisfies the requirement of Section 11801, the beneficiary’s share in the decedent’s estate shall be distributed as follows: (a) Except as…
CHAPTER 5. Deposit with County Treasurer §§ 11850–11854 · 5 sections
- § 11850 Subject to Section 11851, the personal representative may deposit property to be distributed with the county treasurer of the county in which the proceedings…
- § 11851 (a) If property authorized by Section 11850 to be deposited with the county treasurer consists of money, the personal representative may deposit the money. (b)…
- § 11852 The county treasurer shall give a receipt for a deposit made under this chapter and is liable on the official bond of the county treasurer for the money…
- § 11853 If money is deposited or is already on deposit with the county treasurer, the personal representative shall deliver to the county treasurer a certified copy of…
- § 11854 (a) A person may claim money on deposit in the county treasury by filing a petition with the court that made the order for distribution. The petition shall…
CHAPTER 6. Distribution to State §§ 11900–11904 · 5 sections
- § 11900 (a) The court shall order property that is not ordered distributed to known beneficiaries to be distributed to the state. (b) Insofar as practicable, any real…
- § 11901 If the court orders distribution of property in the decedent’s estate to the state, and the order includes words that otherwise create a trust in favor of…
- § 11902 (a) If the court orders distribution to the state, the personal representative shall promptly: (1) Deliver any money to the State Treasurer. (2) Deliver any…
- § 11903 (a) Property distributed to the state shall be held by the Treasurer for a period of five years from the date of the order for distribution, within which time…
- § 11904 No deposit of property in an estate shall be made in the county treasury by a personal representative if any other property in the estate is to be or has been…
CHAPTER 7. Partition or Allotment of Property §§ 11950–11956 · 7 sections
- § 11950 (a) If two or more beneficiaries are entitled to the distribution of undivided interests in property and have not agreed among themselves to a partition,…
- § 11951 (a) A petition under this chapter may be filed at any time before an order for distribution of the affected property becomes final. (b) The petition shall: (1)…
- § 11952 (a) Notice of the hearing on the petition shall be given as provided in Section 1220 to the personal representative and to the persons entitled to distribution…
- § 11953 (a) The court shall partition, allot, or otherwise divide the property so that each party receives property with a value proportionate to the value of the…
- § 11954 (a) The court, in its discretion, may appoint one or three referees to partition property capable of being partitioned, if requested to do so by a party. The…
- § 11955 The expenses of partition shall be equitably apportioned by the court among the parties, but each party must pay the party’s own attorney’s fees. The amount…
- § 11956 (a) The partition, allotment, or other division made by the court shall control in proceedings for distribution, unless modified for good cause on reasonable…
CHAPTER 8. Interest and Income Accruing During Administration §§ 12000–12007 · 8 sections
- § 12000 The provisions of this chapter apply where the intention of the testator is not otherwise indicated by the will.
- § 12001 If interest is payable under this chapter, the rate of interest is three percentage points less than the legal rate on judgments in effect one year after the…
- § 12002 (a) Except as provided in this section, a specific devise does not bear interest. (b) A specific devise carries with it income on the devised property from the…
- § 12003 If a general pecuniary devise, including a general pecuniary devise in trust, is not distributed within one year after the testator’s death, the devise bears…
- § 12004 (a) An annuity commences at the testator’s death and shall be paid at the end of the annual, monthly, or other specified period. (b) If an annuity is not paid…
- § 12005 A devisee of a devise for maintenance is entitled to interest on the amount of any unpaid accumulations of the payments held by the personal representative on…
- § 12006 Net income received during administration not paid under other provisions of this chapter and not otherwise devised shall be distributed pro rata as income…
- § 12007 This chapter does not apply in cases where the decedent died before July 1, 1989. In cases where the decedent died before July 1, 1989, the applicable law in…
PART 11. CLOSING ESTATE ADMINISTRATION §§ 12200–12252 · 10 sections
CHAPTER 1. Time for Closing Estate §§ 12200–12206 · 7 sections
- § 12200 The personal representative shall either petition for an order for final distribution of the estate or make a report of status of administration not later than…
- § 12201 If a report of status of administration is made under Section 12200: (a) The report shall show the condition of the estate, the reasons why the estate cannot…
- § 12202 (a) The court may, on petition of any interested person or on its own motion, for good cause shown on the record, cite the personal representative to appear…
- § 12203 (a) For purposes of this chapter, continuation of the administration of the estate in order to pay a family allowance is not in the best interests of the…
- § 12204 Failure of the personal representative to comply with an order made under this chapter is grounds for removal from office.
- § 12205 (a) The court may reduce the compensation of the personal representative or the attorney for the personal representative by an amount the court determines to…
- § 12206 A limitation in a will of the time for administration of an estate is directory only and does not limit the power of the personal representative or the court…
CHAPTER 2. Discharge of Personal Representative §§ 12250–12252 · 3 sections
- § 12250 (a) When the personal representative has complied with the terms of the order for final distribution and has filed the appropriate receipts or the court has…
- § 12251 (a) At any time after appointment of a personal representative and whether or not letters have been issued, if it appears there is no property of any kind…
- § 12252 If subsequent administration of an estate is necessary after the personal representative has been discharged because other property is discovered or because it…
PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD §§ 12400–12408 · 9 sections
- § 12400 Unless the provision or context otherwise requires, as used in this part, “missing person” means a person who is presumed to be dead under Section 12401.
- § 12401 In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or…
- § 12402 Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of estates…
- § 12403 (a) If the missing person was a resident of this state when last seen or heard from, the superior court of the county of the person’s last known place of…
- § 12404 (a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person. (b) The petition may…
- § 12405 Notice of hearing shall be served and published, and proof made, in the same manner as in proceedings for administration of the estate of a decedent, except…
- § 12406 (a) At the hearing, the court shall determine whether the alleged missing person is a person who is presumed to be dead under Section 12401. The court may…
- § 12407 (a) If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both of the following: (1)…
- § 12408 (a) If the missing person reappears: (1) The missing person may recover property of the missing person’s estate in the possession of the personal…
PART 13. NONDOMICILIARY DECEDENTS §§ 12500–12591 · 27 sections
CHAPTER 1. Definitions §§ 12500–12507 · 8 sections
- § 12500 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
- § 12501 “Ancillary administration” means proceedings in this state for administration of the estate of a nondomiciliary decedent.
- § 12502 “Foreign nation” means a jurisdiction other than a state of the United States.
- § 12503 “Foreign nation personal representative” means a personal representative appointed in a jurisdiction other than a state of the United States.
- § 12504 “Local personal representative” means a nondomiciliary decedent’s personal representative appointed in this state.
- § 12505 “Nondomiciliary decedent” means a person who dies domiciled in a sister state or foreign nation.
- § 12506 “Sister state” means a state other than this state.
- § 12507 “Sister state personal representative” means a personal representative appointed in a sister state.
CHAPTER 2. Ancillary Administration §§ 12510–12542 · 13 sections
ARTICLE 1. Opening Ancillary Administration §§ 12510–12513 · 4 sections
- § 12510 Any interested person, or a sister state or foreign nation personal representative, may commence an ancillary administration proceeding by a petition to the…
- § 12511 The proper county for an ancillary administration proceeding under this chapter is the county determined pursuant to Section 7052.
- § 12512 Notice of an ancillary administration proceeding shall be given and, except as provided in Article 2 (commencing with Section 12520), the same proceedings had…
- § 12513 If the decedent dies while domiciled in a sister state, a personal representative appointed by a court of the decedent’s domicile has priority over all other…
ARTICLE 2. Probate of Nondomiciliary Decedent’s Will Admitted to Probate in Sister State or Foreign Nation §§ 12520–12524 · 5 sections
- § 12520 (a) If a nondomiciliary decedent’s will has been admitted to probate in a sister state or foreign nation and satisfies the requirements of this article,…
- § 12521 (a) A petition for probate of a nondomiciliary decedent’s will under this article shall include both of the following: (1) The will or an authenticated copy of…
- § 12522 If a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the laws of a sister state, the court shall admit…
- § 12523 (a) Except as provided in subdivision (b), if a will of a nondomiciliary decedent was admitted to probate, or established or proved, in accordance with the…
- § 12524 A nondomiciliary decedent’s will admitted to probate under this article has the same force and effect as the will of a person who dies while domiciled in this…
ARTICLE 3. Application of General Provisions § 12530 · 1 section
- § 12530 Except to the extent otherwise provided in this chapter, ancillary administration of a decedent’s estate is subject to all other provisions of this code…
ARTICLE 4. Distribution of Property to Sister State Personal Representative §§ 12540–12542 · 3 sections
- § 12540 (a) If a person dies while domiciled in a sister state, the court in an ancillary administration proceeding may make an order for preliminary or final…
- § 12541 If necessary to make distribution pursuant to this article, real property in the nondomiciliary decedent’s estate may be sold and the court may order the…
- § 12542 If the nondomiciliary decedent’s estate in the sister state where the decedent was domiciled is insolvent, distribution may be made only to the sister state…
CHAPTER 3. Collection of Personal Property of Small Estate by Sister State Personal Representative Without Ancillary Administration §§ 12570–12573 · 4 sections
- § 12570 If a nondomiciliary decedent’s property in this state satisfies the requirements of Section 13100, a sister state personal representative may, without…
- § 12571 The effect of payment, delivery, or transfer of personal property to the sister state personal representative pursuant to this chapter, and the effect of…
- § 12572 The sister state personal representative may bring an action against a holder of the decedent’s property, and may be awarded attorney’s fees, as provided in…
- § 12573 A sister state personal representative who takes property by affidavit under this chapter is not liable as a person to whom payment, delivery, or transfer of…
CHAPTER 4. Jurisdiction Over Foreign Personal Representative §§ 12590–12591 · 2 sections
- § 12590 A sister state personal representative or foreign nation personal representative submits personally in a representative capacity to the jurisdiction of the…
- § 12591 A sister state personal representative or foreign nation personal representative is subject to the jurisdiction of the courts of this state in a representative…